Tuesday, 27 November 2012

Nowhere to Hide in Divorce

A recent article in The Telegraph reported on a divorce case in which the perceived dishonesty of the Husband during the court proceedings has resulted in the divorce settlement being re-opened by the courts.
During the divorce process both spouses are required by the court to provide full and frank financial disclosure to each other – this is the first stage of the process. If provided it means that the court, and both spouses, should clearly be able to see what assets there are available to be distributed. This is essential as without this knowledge it is impossible to reach a decision as to what would be a fair settlement.

As in the case reported, a discovery after a financial settlement has been made that all was not as it was portrayed can mean that the court will allow further investigation into those finances. If assets have been “hidden” this can mean that the original settlement will be overruled.

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